Remands. What are they? Well, let’s learn all about this animal.
tr.v. re·mand·ed, re·mand·ing, re·mands
1. To send or order back.
a. To send back to custody.
b. To send back (a case) to a lower court with instructions about further proceedings.
This gives a whole new meaning to the term “transitive verb”. A remand can only originate from a higher tribunal or Court. The Regional Office is the lowest rung as most know. Here they make the decision. This is why you will see the term Agency of Original Jurisdiction or AOJ. The AOJ can’t remand it because they are the low man on this VA totem pole.When you get denied, you appeal to the Board of Veterans Appeals or the BVA. This is the coat and tie stage. If the RO stepped on their necktie and failed to do something important (and they almost invariably do) the Veterans Law Judge(VLJ) will remand it back to the RO for a repair order. Some can be very lengthy in their demands. ROs are very slack about throwing these claims together. A good example is a Vet who is on SSD or SSI. The Board will want to look at those records to gauge the reason for the grant. Often there is much to be learned from them. The RO knows this yet regularly allows these appeals to go up without the records. What’s worse, if the Vet doesn’t obtain or submit them to the RO, the VA very well may make no effort to obtain them even when put on notice of their existence. This is the most common error and it continues day in and day out.
Remands occur with regularity and sometimes numerous times, causing horrible delays. It is said that a remand can add a year to your appeal, if not more. The BVA has their own private remand center right there on I Ave. and Vermont NW. The only problem is you need to file a Waiver of Review in the First Instance granting the BVA judge the full authority to fix things without it going back on remand! See my discussion below. I’d say a one-year turnaround on an remanded Appeal to the RO is conservative. With the tremendous new backlog, it will only get worse.
If you lose at the Board, your appeal to the Court will be seen within a year. Most often, if it doesn’t entail a complex legal theory, it will be heard by a single judge. Because BVA judges rely so heavily on the case from the RO for accuracy, many errors finally come to light here. There is a simple reason for this. A Vet’s claim at the Court is invariably handled by a good attorney. The legal representation you got at the BVA was, in all likelihood, provided by VSOzoom.com. Most good VA lawyers can find a reason for a remand. They might not all be good ones, but that’s not the point. The remand allows the Vet to return to the BVA or AOJ and begin anew. This allows you, the Vet, another bite of the apple. Now that you know the reasons for your prior necktie party, you can make plans to fix it while it’s being remanded. You are free to submit new and material evidence in the form of that shiny magic nexus paper saying “more likely than less likely that….”
Some claims are remanded with the full knowledge that their chances are worse than snowballs in a warm environment. Others are predicated on documented errors. These are ones that are destined to win. The reason I believe this is simple. No Veteran will fight up to the Court over 5 years only to give up after a second defeat at the AOJ. If we do not see this Vet up at the Court on a second trip, chances are some horse-trading occurred below.
The CAVC will not brook incompetence or stupidity. They do not remand numerous times for follow on errors. They reverse. Reversing a decision results in a one-way remand back to the AOJ. There the VA examiners will arrange for your shiny new rating. It’s a given after your reversal that they will be granting the highest rating they can legally to prevent this from going back up. Someone puts the message out. Your C-file suddenly looks like a porcupine sprouting little red flags. The VARO Director has it open in a tab online with VBMS 24/7. It’s the first tab open and has an override for the 15-minute time out. Of course, this also happens if you file an Extraordinary Writ with the Court.
On occasion, the claim gets denied at the Court and floats up to the Fed. Cir. Again, here is another place where a remand is very frequent. Reversals by the Feds are rare. If it’s remanded by the Fed. Cir. for a redo, this can get ugly. Protocol demands that it be accomplished much like untying the Gordian knot. The claim has to go back to the Court so they can put their remand on it. The BVA gets it and does likewise. If you are lucky this may only take a year or two to get back to your AOJ.
Here again, the claim starts over. For nice round numbers, say you filed on January 1, 2000. You go through the whole rigamarole at the AOJ including a DRO review. They finally release it to the BVA in June 2003. The BVA gets it docketed and the show begins in late 2004. If you don’t get remanded, it would go to the Court and see daylight by 2006. Any remands would add a year+ to this. If you get one at the Court (and you will 65% of the time), back you go to the place where the error was perpetrated. Sometimes that’s the BVA. It’s not always the RO. If it does go back up, it begins a brand new odyssey at the Court. Assuming the denial is sustained by the Court, you can assume another year to get your docket at the Fed. Circuit. This merry-go-round can last for a decade without any remands, but rarely does. Remember, getting a docket is getting a place in line. It isn’t the day you walk into Court.
To add insult to this process, the VA invented a new torture-a RO at the BVA is how I would describe it. The Appeals Management Center or AMC, can be the big roadblock. If you have given the BVA a waiver of review to the RO, your claim will fall into this black hole for a while if it is deficient. The AMC will attempt to rectify whatever it is that needs the grease. When they have finished trying to grant or deny, they send it back up for another redo with the VLJ. This assumes they deny and issue a SSOC. Even though this is in-house, it can still eat up to a year. About the only thing positive is they rarely lose the evidence. But, with the new National Work Queue, this is less frequent. The AMC is no longer a booming concern unless your Vet’s name is Macklem and the Court has spoken…twice(as well as the Fed. Circus).
Fortunately for us, the Court and the Fed. Circuit do not have these “remand centers” . Justice is not perfect but it is guaranteed to be time consuming. Remands are boogers. This is why my whole strategy I advocate is to get this done at the lowest level. Certainly there is the point of diminishing returns at your AOJ. DRO reviews are time-consuming, and delay the inevitable trip to D.C. if it’s in the cards. In this respect they can be as nasty as remands. I’ve done 4 and won 0.
I have never had a true remand. I suppose my “win” at the BVA in 1992 resulted in a remand for the 0% rating awards. I did get a sweet letter telling me this. To be truthful, I was so overwhelmed at winning 0%, I was distracted and never absorbed the enormity of the moment then. I’m relatively certain I mailed them a thank you note.
Here is what my BVA appeal status says (I had BVA hearing, in person, 4 years ago march 2016.) :
‘A judge is reviewing your appeal’
‘Your appeal is at the Board of Veterans’ Appeals being reviewed by a Veterans Law Judge. If you submit evidence that isn’t already included in your case, it may delay your appeal.’
‘The Board of Veterans’ Appeals usually takes between 1 and 2 months to decide appeals once a judge starts their review. Had BVA hearing, in person, 4 years ago march 2016.
My question. Why does it say 1-2 months when 4 years has gone by? Seriously… Either they lie, or? BTW, I would love people to see the wonder evidence I have,,, they would be shocked to see that they haven’t just given me my win and rating….. as I have great evidence and IMO. I am rated at 60% already. One issue is an 1151. I have many issues. Original filings go back to 1990’s, but this set of appeals at BVA is from 2009.
If you have waited this long with no resolution, I srongly suggest you call the BVA line at 800-923-8387 and query them as to the status. My guess is they decided it and you were not notified. Call today.
the va regional got my remands back from BVA in July 2018 I haven’t heard squat from Ro
Thanks again Alex. These things are so fundamental yet ameliorated perhaps in attempt to understand things out of context. FEAR is I believe the principle reason people/Vets avoid dental work (pain expressed in numerous ways), needles (some of us at least) and ceaselessly working on one’s behalf regarding one’s own Claim (or predicament) once the unlearned has received his/her first confusing V.A. requirement. Thus it becomes easy to miss the deadline and hope seems a foreign commodity. Complicate all this with a “Character Discharge” and the steel wall seems impregnable and in some claims not over-come-able.
Update on my claim, my pro bono ;lawyer in Louisiana. WILL try to come to an agreement with the Secretary the appellant in D.C. They have until DEC 6, 2017, to come to an agreement, what happens after that? If the Appellant agrees in my favor, then s what??
Hello Beverly Grace! IF you were the loser when the BVA decided against you, you then become the Appellant at the CAVC assuming you Filed your NOD in a timely fashion; after that denial. The (V.A.) Secretary is the Appellee; much like in civil court, you would be the litigant or the Plaintiff, and your adversary is the Defendant; i.e. you filed the NOD and they must then defend their position, right? I cannot imagine in my so-called right mind that “The Secretary” would be personally involved in the coming to ANY (private) agreement about ANY veteran. That is not his (Secretary) job function, and the BVA (Board of the V.A.) and their legal team function within this court/the CAVC/U.S. Court of Appeals for Veterans Claims to then represent the Secretary at the Court; principally in opposition to you and your issues/ your Claim, which has now, become an Appeal. You may consider rethinking your legal representation! Best of success in your appeal.
Actually Beverly, your lawyer is bargaining with the Office of General Counsel (called the OGC) rather than the actual Secretary. They had what is called a Rule 33 conference and agreed that they disagree. The OGC represent the VA in all legal matters. After they reach a modus vivendi (or rather , if they do) your appeal would be remanded either back to the BVA Judge or the local Regional Office to be corrected. If your lawyer and the OGC’s representative cannot agree, then you proceed to appeal and the CAVC Judge will make the decision as to who is right. That will happen either before or by 12/6/17. Who is your attorney?
Wondering IF you’ve any Update to this/her (Beverly) Appeal? Wondering what impact the “Letter of Non-Confidence” of Sept. 17th, 2017 will have upon the CAVC/s remand protocol (for lack of better verbage) WHEN any Appellant refers to “IT” because his/her communication (RBA) with the BVA refers to “it”??? That is refers to it during the course of his/her journey within the CAVC post any Decision rendered by the BVA to that appellant…
Asknod; does that mean 1.15 claims/cases a day per Judge? Ninety cases a day then?
2. Does/will any/all “new evidence” entered/submitted and accepted by “the system”;
when in remanded status and somewhere between the BVA and the RO/AMC/ whatever;
does this new evidence then become part of one’s RBA/C-File so that in event of another Denial;
the 2nd or 3rd time in the CAVC; this new evidence is then/now official record??
100 (roughly) VLJs doing 1.5 (not 1.15) claims appeals per day = 150 cases out the door each day M-F. The CAVC is only allowed to review evidence in the claims file. If you got a remand and it came back to the board, any evidence submitted in the interim would be part of the N&ME the CAVC could review.
Appreciate that information! My Appeal (15-0389) is only 11 years at this moment (2006) and we’re remanded from the BVA to the AMC (torture rack) since April 2017 after our JT Remand of January 2017. Fifty files or pieces of material evidence have been submitted during this remand period in preparation for CAVC round #2, OR a Decision in my favor by the Board after this period of waiting. Believing we’re getting to the end however not expecting anything except justice, which may be an overvalued belief.
I had a video hearing with the BVA last Oct., and a SOC with remand to the RO in Feb.,.. I checked with the DAV on Monday and learned that the RO was conducting a SPIES review. It seems as though my appeal is stuck in purgatory. It has been floating around since 2010 what do I need to do too do light a fire under someone’s behind. Will the end ever come? I also was told that I cannot receive the BVA judges recommendations for at least 50% for PTSD and Psychosis it is which ever is the highest. What is really happening with this nightmare of a claim?
Update on my claim. DENIED, yes I was devastated, called my former lawyer in Delaware, they could not help me anymore but gave me a number to a PRO BONO lawyer. I called them, sent them my file, they said if they could find anything in my file to argue they would take my case. After several weeks they contacted me and said they have referred my case to a lawyer in Louisiana to work along with them!! He will b the LEAD lawyer. I will not give up. It’s been a LONG time, but that’s all I have is time.
Sadly, Beverly, it would have been a good idea to have had an attorney from the outset.
Filed claim in 2010 was awarded 30% 5yrs later. Appealed for rate increase, had my hearing,case went to the BVA, judge granted me an increase to 50% but then sent back for remand on TDIU that I didnt even request.Judge felt I should have a extra schedular TDIU case. I didnt even know about this, I didnt even know I couldve been receiving this SSI monies or even SSA.So now its been since oct 2016, they paid all retro and im sitting at 50%now waiting for TDIU decision. They sent me to Chicago to see a different Dr that actually spent over an hour with me. First eval in Madison for my original claim spent almost 10 minutes with me. Dr in Chicago actually said he was adding to my list for my PTSD, Im not sure what that means. Does anyone have any experience in this type of situation? And how long does it actually take when its gotten to this stage? I was awarded the increase July 2016, they paid back pay Oct 2016 & the TDIU I didnt know about was remanded in July 2016. They sent forms to a previous employer I had over 8yrs ago, I dont even know if they remember who I am. They sent in the forms back to the VA and now we wait. There is no information of Flow Chart to show this kind of situation. Im wondering if I should apply for SSI or SSA while I wait or will that mess everything up??? The whole ordeal is like a 3 ring circus.
Thanks in advance for any help
You had a good Veterans Law judge who recognized that you might be entitled to TDIU based on the parameters of your appeal. It’s the job of VA Examiners to discern any and all entitlements you may be eligible for. They rarely do. I won’t go into the whys and wherefores of that facet. Suffice it to say your VLJ recognized an extraschedular potential and he would have been remiss if he did not ask the VARO to investigate it. Your representative should have had you fill out an 8940 TDIU request to address this. He didn’t and you now find yourself in Remand Limbo. Such is the VA’s Dog and Pony show.
Now I’ve had a second remand .All my VSO is telling me is try to get an Occupational Evaluation and a new DBQ. Hes saying he’s never seen it remanded a second time but expects nothing to come out of it. He said if the judge wanted to rule in favor for TDIU he could and not have to keep remanding. So he feels nothing will happen. Very few understand anything about TDIU with extra scheduler so I’m at a loss of what to expect. The VA DBQ done after an hr appointment contradicts itself but we have to remember that VA Dr’s are paid by the VA so they are expected to fill those out accordingly.
Also we are being told by several places now even if we pay out of pocket they do not do DBQs any longer. How convenient.
Why is this sites typeface growing long like some Watermelon vine? Who hit the whatchamacallit?
2 claims granted, remanded to RO. Order for opin.Examiner did not read many items of facts( VLJ words) Will this go back to VLJ or can Ro set dates and % .. T Y for your help !!
been almost 9 years. inService 1962/ 1970 claim filed 2009
The ROs, by law, must award the % and date of entitlement. The BVA is an appeals Court-not a ratings agency. When you win, they remand it back to the RO for this purpose. If you disagree with the % or date, the NOD process begins all over again.
What if the claims were advanced on the VLJ’s docket due to hardship. How long will this veteran have to wait for a decision?
When claims are advanced due to 20.900(c), they are typically heard within 3 months from date of a Board hearing. If remanded during this advancement, the VLJ sends them out to the Appeals Management Center (the BVA’s private RO) for a quickie fix for whatever needs a repair order. This keeps it on track for a timely resolution (possibly 2 months max) before it’s either resolved in your favor or back to the VLJ for a final decision.
Had a video conference BVA hearing in October 2016. Then received VLJs SOC remanded back to the RO February 2017, when I last checked the 800 number I was told that they were waiting on records and C & P. I don’t know what any of it means and it sure seems like a bunch of bull if you ask me. Can anyone tell me if I am near the end of this nightmare?
Here’s what it means in VA Monopoly.. The VLJ sent your appeal back to your local RO because he didn’t like it. The reference to a C&P is this. It took so long for you to get there, they think you may have gotten worse. Since your last c&p was probably more than 3 years ago, the VLJ wants a new one. Bummer. Go to Delay Ave. Do not pass Go! Draw a Chance card.. Wait six months for the RO to schedule a new c&P. Then the RO will make a new decision on denying it. Then they issue a SSOC and send it back to the VLJ. Time lost? One year minimum.
October 2017 is not that far away as far as the one year mark. What I did not indicate in my post was that the VLJ stated that all claims are at least likely as not ( probability 50 percent) for the three claims. So should I still expect a denial!
When the RO denies, that’s all she wrote. The VLJ, however, is a fresh set of eyes and a far more profound insight into VA law. If he remanded it, for a c&p, my guess is it has wings and will fly. 15% of us win at the RO level. 22% prevail at the BVA. 74% prevail at the CAVC. It’s a matter of finding the error and correcting it. RO pukes are stupid and lazy.
So basically, the VLJ’s decision is like pissing in the wind. The RO will still deny the three claims no matter what! I am not getting that information from the 800 number, they just tell me it’s pending.
No. Think if it like this. The Judge is giving the Regional Office one last chance to get it right. Since they already denied it, they don’t want to look like wimps and now change their minds. So they deny again, issue the SSOC and it goes back to someone with some real common sense and legal acumen to decide “in the first instance”. But you do have to have the three elements of a claim satisfied to win.
YES! I had over fifty new, material pieces of evidence introduced into the RBA during 2017. The RO issued their pathetic review/denial and completely disregarded every piece I’ve mentioned. An obvious auto-denial based upon someone’s template selection me thinks.
12/08/2016, up date, file sent back to RO, to c&p, no examine, Dr still denied!, now my file is back to the judge in Washington for final decision, he remained my file. My file was EXPEDITED to D.C. it’s down to the finishing Line, 13 years.
I first filed a claim on 1985, denied!! I was young and ignorant and didn’t know to file it again. After my friend found out in 2003 strongly suggested to me to open my claim again, denied! I have been denied and remanded 3-4 times, lawyers twice (who were great) 2 judges, remanded, now Dec 8, no 2nd c&p exam, I called RO, they are sending me SSOC, again!! I’ll fight till the end, don’t quit!! I have nothing but time and great lawyers!! Oh, and Jason, join the crowd, be patient.
My docket is 08-25-925 why is it taking so long
Sounds like you’ve had a few remands back to your RO.
To say the least I’ve been waiting since 2011 was my initial claim appeal 2012 denied appealed 2013 Remanded back to regional office 10/31/14 nothing heArd yet I am about to be homeless lost my ce hike denied travel pay all my trips to theVA I pay for and I can’t afford it I really need the therapy
Annie, my advice is to be proactive and find out why. You never wait to “find out” what went wrong. If it’s been two years, you pick up the phone and call VA at 800-827-1000. You stay on hold. I suggest that as well as going in to the VARO and personally asking to talk to the yayhoo in charge of your claim. It simply doesn’t take that long. Any remand has to be accomplished “expeditiously”. If nothing else works get back to me and I’ll put you in touch with someone who can get to the bottom of it for you. I also strongly suggest you call your congressman and ask him/her to contact the VARO promptly and find out what’s up. Never sit on your hands when this happens or the claim gets buried in an in-basket.
I submitted my claim in 2009. It was denied twice. I appealed both time and then I requested a hearing. The BVA remanded it back to the RO for missing evidence and a portion that was never decided. You say call 18008271000. It is a total waste of time. The person on the other end of the phone may as well be a recording (press 3) for all the help they give. They read a script and offer nothing. Too bad our country does not love us as much as we love it.
Annie, YOU also have an Online/ digital proof format from which to Inquire about your Status! Just GET Registered on the http://www.ebenefits.va.gov website!!All you need is an email address and an acceptable password! best of success
Keep in mind that the VA eBenefits website is at least a month behind in posting updates.
WORSE than that now my friend. Believed toward the last Quarter of 2017 that “they” were making good progress digitally, and I’ve been proven wrong as of this am in March of 2018. Here’s my take; some outside contractor did the first work; the install. The second part would be the maintaining of same network; and this absolutely has NOT been performed.
I have probably one of the oldest BVA court ordered remands.I have seen on here! I filed my BVA.case back in 2005! Yep over 11 years ago now ! After all these years of being remanded more than once and than court remanded my case finally went to a law judge 03/22/2016 the day of my birthday this claim is over a decade old and I pray and hope I get the rating and service connection I deserve by the law judge who is currently reviewing it..my question is how long does it take a law judge to make a decision on a court ordered remand?
Yours is an oldie. If it’s advanced on the docket, you may get a decision within four months. If not, then six to eight months. Your appeal goes back into the docket sooner because of it’s age.From appeal to CAVC was 2008-2015 for me.
I also had my bva hearing on the same date and was granted service connected disability on july 15th but to this date have not heard anything from the RO about rating or bout retro payment
My advice to you sir, is to call the Regional Office that is handling your claim. You will want to talk to the Regional Director of the office. If you need the phone number , I would be happy to provide you with it. Calling 800 Dial a Prayer is like pissing into the wind.
Time to call the VA Director. If you need the number I have it for your RO. Civilized Vets don’t call 800 827 Dial A Prayer.
I have been remanded 5 times since 2005 and I have been waiting for for 12 years now
I received my appeal back from the VLJ. Some claims where granted and some remanded. Sent back to origin. It has been a week and benefits state sent to APpeals Management Center or the office that made the original decision in your case. What does this mean? I thought it came back for additional rating then worked on Remand.
Appeals Management Center (AMC) is the BVA’s very own private regional office right there at 810 Vermin ave. NW. If a decision is remanded for more info towards a possible grant, the BVA sends it out to the AMC to be “redeveloped”. If it’s really screwed up like your RO forgot to attach the SSA/SSI/SSD files at all before the appeal, then they have to begin your claim from scratch. We’d like to believe in Uncle Victor’s faery tales but we usually see our SSOC show up about a week later. If it takes 195 days to deny it, how can it take two weeks to review all the evidence from scratch and come to the same conclusion?
I had 3 claims granted which are increase to already service connected disabilities. Does that get worked on 1st?
Getting the remand back to the RO takes about 90 days. It then sits and waits until a rater has time to address it. My last win at the BVA on Sept. 4, 2015 was rated on Dec. 3, 2015.
asknod! Do we in fact have an Ombudsman or not; in the Veterans Administration, with their 2017 FY Budget of $187 BILLION.???
Of course we do. The office of ombudsman, found here at the OIG site. is a dog and pony show and simply pays lip service to the idea that we matter. https://www.va.gov/oig/hotline/whistleblower-protection.asp Also, be care what you wish for. Often, a Vet reporting problems to VA becomes the focus of attention more so than the miscreant.
VLJ hads made Decision on your Claim and Making Final administrative steps being taken by the board what do this mean?If anyone can give me an answer. Clam was vacated and remanded back to BVA in August 2015.
A VLJ is a Veterans Law Judge. He made a final decision on your claim. That could possible be a A) grant; B) denial or C) a remand for more information or a new C&P exam to clarify some technicality. I’m not familiar with the phrase “making final administrative steps being taken by the Board.”
According to what you state, the claim must have been appealed to the Court of Veterans Appeals (CAVC) in order to have been vacated and remanded back to the BVA VLJ who decided it.
If you so desire, you can email me at email@example.com and scan/attach the document for me to decipher it for you. Better yet, tell me what the CAVC case number is and I can look it up and figure it out that way, sir.
Than you for your respond to my Question,I was ok with the answer you gave me.I will keep you inform as to whats going on.
The Cavc rule in my favor and vacated and remanded my Claim back to Bva,Can anyone tell how long does it take to get a decision.
Yes. My remand from them was March 2013. BVA decision was November 2013. Remand back to my VARO was January and I got my money February 2014. It might go faster for you. My Veterans Law Judge hated me and didn’t think I should have won. He delayed approving it for 3 months.
Thanks for the time line,Now all I have to do is wait it have been 7 long year’s.VLJ picked up File on Dec 2,2015 check EBennie today it show still with VLJ as of1-26-16.
Wow! Good stuff. “)
Hey guys, I have had an appeal in since Jan 2009, it was sent to BVA in 2011. They sent me a letter in July 2015 asking me to return a TDIU, after it was returned a week later, my claim showed as pending decision approval and was sent back to RO. Since then, there is no estimated completion date nor can I get any information about the appeal, does anyone have any info that may help me to better understand if this is going to be in my favor or not?
It would be about six months from a BVA remand to an award. The Regional Offices are concentrating all their manpower into cleaning out the backlog before the carriage and horses turn into a pumpkin and Mice on New Year’s Eve. Remember, USB Hickey promised the backlog would be a thing of the past by 2015…
Sign up for eBennefits and you can follow it on VA delayed broadcast.
Just an update , now December 2016 and still no response and no status change on my file. A few weeks will hit the 9 year mark. One thing I found interesting in the letter I received from BVA is a comment that states my injuries and inability to work are inexplicably intertwined, in your opinion would you say I will be granted TDIU? I Am in FL and heard last year the backlog is substantial, that is the most detailed I’ve received about my remand. Is there an estimated time frame for FL remands?
Had video conference with judge in July 2013. Received his remand in Dec 2013. BVA denied claims in May 2014, filed NOD June 2014. Now what? Does it go back to Judge or does it go to trial with Amer. Legion? (Heard that the courts are just now handling cases from Aug 2013 so it may be another 18 months IF I go to trial?)
Just received notice that the bva judge has made a decision and my records have been returned to the RO.the decision mailed to my attorney and me.. Any good news in this?
Well, yes and no, Earl. The good news is your claim is out of the oven and “done”. The BVA judge is not allowed to rate you unless that was your claim (for an increase in % of disability). If you won, BVA remands it back to the RO to write your new grant up and give you a starting ratings % of disability. The bad news, if there is any, would be if you lost. They would still mail out a decision to you and return your records to the RO. Everyone’s “paper” c-file, if it has not been digitized yet, has to be mailed back and forth by snail mail. VA will never tell you in that letter what happened up or down. Be worried if nothing shows up in the next week or ten days though. Best wishes on a win. a
TWO REMANDS ONE from 2001 the Second from 2004 have only just now been sent to the Board in Nov 2011. ELEVEN YEARS LATE for a simple remand to determine an earlier date the second for SS records SIX YEARS LATE!!!!!!!!!!!!!!!!
for the full details see my website rclvetsite.multiply.com you will S*&% in your pants.
Oh did I mention they failed to advise me of 3 1/2 years of 14 years of SMR’s were missing from 1977 till I received my first copy in 2007.
whats your web site????
my current web site is facebook.com/rclvet
Thanks for the heads up concerning SSDI. Can’t hurt, sending the VA paperwork,more than a long tailed cat in a room full of rocking chairs. Can you see the white flag waving back at you? Went into overload but will revisit tomorrow.
We were remanded back to VARO and scheduled new C&P exams for asthma and headache/ migrates which where completed just last week.
Both C&P’s went in our favor with a positive nexus. I am unclear on
1) sinusitis and deviated septum were still never addressed in the new C&P exams. (The VA originally tried to argue she suffered from those conditions and not asthma when in fact she has all of them).
2) Now that the new C&P’s that the BVA instructed to take place are complete and in our favor, what happens now?
Thank you for your time.
In about 3-4 months from the C&Ps, the VA raters will get off their poor bonus-callused asses and write you a rating. They will low ball you thus setting in motion a NOD to ask for the higher amount you are due. This process is known as the hamster wheel. About the time you do get the correct rating for what you deserved in 2016, it will be 2026 and you will probably have to begin again and file for an increase. Welcome the VA Insurance Co.
Is there any way to check on the VARO claim other than ebenefits?
Are you referring to a remand from the BVA, Nancy or just a claim in progress?
The remand is from the va law judge. Now says either went to appeals management center or where appeal originated.
Ah, much more information. Here’s what you can glean out of that. It takes about 90 days to get “beamed down” from the BVA to the Appeals Management Center (AMC) or your local office. If it (the remand) was for something that had been overlooked by the local office and was a simple check on evidence of record, it might be resolved in 90 days. It could be something as simple as they just discovered you submitted some new evidence between if getting to the BVA from the local Office. It might mean the VLJ wants to see a new C&P exam if it’s been a long time since the last one. If it goes through the AMC, it usually is something easy to fix to either grant or legally deny. Statistically, it is 20/80 against you if you are using a VSO as your savior.
Within the paperwork it stated 2 service connected claims were approved to be raised in my behalf and another new sc percentage was approved in my behalf. Will this be figured first?
The whole enchilada is done at one time. Partial grants are rare.
I do expect to be low balled or have my effective date miscalculated. I guess I’ll cross that bridge when I get there. I’m am relieved that the C&P’s went in our favor. I honestly don’t think they had a choice looking at the instructions the BVA mandated how they would have to medically explain and prove wrong 3 different private IMO’s (Including Dr Craig Bash) and cited medical studies. I wish I coud have been a fly on the wall when they realized they were bent over a barrel.
An interesting thing occurs if you reach the end game at the AOJ. You could submit new and material evidence with the Form 9 to provoke a “de novo” review and VA wouldn’t even look at it. They are supposed to but don’t. They merely certify it and staple on the Form 8. The BVA judge “assumes” the AOJ did the de novo review and thus doesn’t give it the proper de novo review himself. The process is too error-prone due to ennui. I call it the “Worst Pace Scenario”. How slowly can we process this? Once you meet the magic 125-day to decision metric, VA slides into a two-year wait for an SOC or grant. Add more for a DRO review and you now have 4 years locally before leaving for DC. Leaving, mind you. Not arriving. That will be another year’s wait. There are only 79 VLJs doing 1.15 cases a day. Last check on backlog was 65,000 “on deck”.
ANY update on this comment as of March 2018; now that you are officially ensconced within this system??? Always appreciate your candidness, albeit maybe that is not possible now; and I’d understand that in a heartbeat.
Sure. There are about 120 VLJs and the docket time from VA 8 to BVA decision is now 4 years. The backlog remains at about 65 K. The VLJs are doing almost 2.5 claims a day but that includes easy ones like no-brainer denials and rocket docket remands. They are still employing staff attys. as “acting” VLJs in violation of regs but when did that ever bother anyone?
Appreciate that immensely. Keeping in mind one of your former, mucho-salient comments regarding the CAVC and their feeling about seeing someone there the second time, would they then (BVA) keep to their docket schedule and the ninety day letter one receives when one has finally arrived back/ after remand and is due for “Decision”: perhaps NOT having yet focused upon either; the intricacies of the claim/appeal and/or the “new evidence” that may have come into the RBA during period of remand ???
Your sentence structure is too convoluted to decypher, sir. Might I suggest reducing the pronouns so as to aid in identifying who you refer to?
Must be my disability. O.K., IS the BVA stuck to a Docket schedule when they send out the 90 day letter to Appellants due a Decision after their much lower hampster wheel remand? This irrespective of the possibility that they (The BVA) may not have noticed when the file got back to them from remand; that the Appeal is decidedly fatter than when it left (with new and material evidence)….
BVA reinserts your appeal back into its correct place using VACOLS computer (for tracking appeals). A 90-day of even a 60-day letter is a nebulous construct. At any point after that, the appeal is susceptible to be decided but doesn’t necessarily guarantee it will begin immediately after the 90 days… If you submitted evidence after a 60 or 90 day letter, and if the appeal had not been analyzed and decided yet, your N&M evidence, if indeed it DID qualify and was not redundant or useless for determining etiology of the disability, it would be admissible. If they miss it at the BVA, that’s what the CAVC is for. If that fails, there’s always the Dead Circus above, Certiorari etc.
Most folks screw up-especially with VSOs who forget to nail it down at the BVA level with a waiver of review of any N&ME. No remands = faster justice. Remember, these VLJs are on an assembly line basis. 2.5 claims per VLJ per day- if possible. That’s a shitton of slave labor for their law clerks at McDonald’s wages. They miss stuff. This is an art form as to how and when to introduce a brand new nexus IMO at that 60 to 90 day window. You place it in last and guess where that info is sitting in a .pdf document? It’s right there on page one when the VLJ and his little people open it. Ding Dong? Gee, look at that. Signed sealed and delivered. That appeal was easy -one down and 1.5 more to go today. Next?
Brilliant and thanks, you’ve confirmed what I was thinking. Whoa, how did my previous reply become a snake; sloping down in some semi-coherent format! Actually, my “new evidence was all entered during the past year’s remand to RO from the BVA. I have nothing more to present albeit my reply to their “90 day” would most probably give someone reviewing it a bit of consternation. Oh, i DID Terminate my former REP; Vets of Foreign Excursions, and remarked to the “Vice Chairman” and her Board, that (in other words of course) the Vets of Foreign; were useless as tits on a hog.